E42r 


A 

A 

11 

n 

I) 

9 

b 

1 

9 

■T> 

b 

-n 

Eliot 
A  Remedy  for  Industr5.al  Warfare 


8 

FACILIT 

5 

7- ;?  /--r6 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


Social  Service  Series  Bulletin  Number  4 

A  Remedy  for  Industrial 
Warfare 


By 

Charles   W.    Eliot 


Published  for  free  distribution 
American     Unitarian     Association 

25  Beacon  Street,  Boston 

Library 

— liiaUi^ulB  uf  liiiiij.-'    '  '^   ^"^"'  ''•"... 

UnivorGity  of 
Loa  Angele?      aiiforu^a, 


SOCIAL   SERVICE   BULLETIN 

The  purpose  o(  the  Bulletin  is  to  oiler  suggestions  (or 
the  conduct  of  work  for  the  common  good  in  our  churches, 
and  also  to  give  circulation  to  articles  of  value  on  different 
phases  of  the  social  question, — some  original  contributions, 
and  others  reprints  from  the  magazines  and  the  reports  of 
various  societies. 

They  are  primarily  intended  for  free  distribution  and  are 
gladly  sent  M^herever  they  can  do  good.    Owing,  however, 
to  the  expense  at  which  they  are  prepared,  the  right  is 
reserved  to  make   a   nominal  charge  of  two  cents  each 
(except   No.  20,  which   is   five   cents)   in    cases    where 
Bulletins  are  desired  for  use  as  text  books  or  for  distribution 
in  quantity.     Any  orders  of  this  sort  will  be  cheerfully 
filled  at  the  prices  named,  which  include  delivery. 
No.  1.     The  Social  \y  elf  are  Work  of  Unitarian 
Churches. 
The  report  of  an  investigation. 
No.  2.     Working  with  Boyi.     By  Rev.  Elmer  S. 
Forbes. 
Hints  on  the  organization  and  conduct  of  Boys'  Clubs. 
No.  3.     The  Individual  and  the  Social  Order  in 
Religion.     By  Rev.  Frederic  A.  Hinckley. 
Individuahsm  arvd  socialism  reconciled  by  religion. 
No.  4.     A  Remedy  for  Industrial  Warfare.     By 
Charles  W.  Eliot. 
The  Canadian  Act  (or  maintenance  of  indiutrial  peace. 
No.  5.    Discontbued. 

No.  6.     The  Social    Conscience    and  the  Reli- 
gious Life.     By  Francis  G.  Peabody. 
The   awakening    of    the  churches  to  social  problems. 
No.  7.     Friendly  Visiting.     By  Mary  E.  Richmond. 
A  direct  and  personal  method  of  philanthropic  activity. 
No.  8.     Rural  Economy  as  a  Factor  in  the  Suc- 
cess of  the  Church.     By  Thomas  N.  Carver. 
Prosperous  members  essential  to  a  successful  church. 
No.  9.     The    Relation    of    the   Church    to    the 
Social  Worker.     By  Herbert  Welch. 
The  spiritualization  of  charity  and  socizJ  reform. 
No.  10.       Discontinued. 

No.  1 1 .     The  Wise  Direction  of  Church  Activ- 
ities Toward  Social  Welfare.     By  Charles 
W.  Eliot. 
Points  out  effective  social  work  which  churches  can  do. 

(.For  additioncU  titles  in  lhii>  series  see  inside 
back  cover  o)  this  Bulletin.) 

Order  by  number  only,  not  by  title. 

AMERICAN      UNITARIAN      ASSOCIATION 
25  Beacon  Street,  Boston. 


"TTFrary 

Inctitute  of  Industrial  Pf^Tationf 

University  cf  0*^,1^' f:rr. la 

liOQ  Angel--v  ,,ia 


Social  Service  Series  Bulletin  Number  4 

*  A   Remedy  for  Industrial 
Warfare 


Charles  W.  Eliot 


Published  for  free  distribution 

American     Unitarian     Association 
25  Beacon  Street,  Boston 


Some    rlithical    r  hases 
of  the  JLabor  (Question 

By 

CARROLL  D.  WRIGHT 


N  important  book  written  from  the  ethical 
point  of  view  by  a  former  U.  S.  Commis- 
sioner of  Labor,  who  until  his  death  was 
the  leading  authority  in  this  country  on  industrial 
problems  and  labor  conditions.  The  contending 
forces  of  modern  industrialism  will  result  in  a 
candid  examination,  to  quote  the  author,  "into  the 
treatment  of  the  uses  of  wealth,  as  well  as  its  ac- 
cumulations, distribution,  and  exchange,  and  incite 
discussion  upon  the  relations  of  labor  and  capital 
on  an  ethical  basis,  combining  with  the  old  question 
the  old  school  always  asks,  'Will  it  pay?'  another 
and  higher  query,  'It  it  right?'" 
<»* 

12mo ;  207  pages 

Cloth,  $1.00  net;  by  mail,  $1.10 

Paper,  25  cents  net ;  by  mail.  33  cents 


THE    BEACON     PRESS 

25  Beacon  Street  Boston,  Mass. 


■  •      library 
Jfi§tiM-§  6f  fndusiriai  BeUtion$ 
\^    University  of  Caiiforn^a 


Prefatory   Note 


From  the  vei-y  beginning  of  the  factory  system  in 
the  United  States  there  have  been  serious  differences 
between  capital  and  labor.  Strikes,  lockouts  and  boy- 
cotts have  been  common,  and  these  struggles  between 
employer  and  employed  are  nothing  less  than  industrial 
war,  costing  the  combatants  huge  sums  of  money,  and 
often  causing  the  innocent  and  inoffensive  public  great 
distress  and  excessive  inconvenience.  Of  late  years  the 
situation  has  become  so  intolerable  that  governments 
the  world  over  have  been  seeking  ways  of  escape.  In 
1907  Canada  passed  what  is  known  as  the  Industrial 
Disputes  Investigation  Act,  which  has  proved  to  be  a 
most  effective  means  of  settling  industrial  conflict.  In 
view  of  the  chaotic  labor  conditions  existing  in  the 
United  States  this  Canadian  Act  should  receive  careful 
attention,  to  see  if  its  policies  are  not  as  applicable 
here  as  on  the  other  side  of  the  border.  President 
Eliot's  article  is  a  clear  and  convincing  exposition  of 
its  value  to  all  concerned,  employer,  employed,  and 
the  suffering  public. 

E.  S.  F. 


^840024 


A  Remedy  for  Industrial 
Warfare* 

The  Canadian  Act  for  the  maintenance  of  indiis- 
trial  peace  in  all  public  utilities,  including  mines, 
went  into  effect  on  the  22d  of  March,  1907,  and  had 
therefore  been  in  operation  two  years  at  the  close  of 
March,  1909.  The  results  of  proceedings  under 
the  Act  ought  to  be  very  interesting  to  the  Ameri- 
can public ;  because  it  is  obvious  that  in  the  United 
States  industrial  peace  is  not  steadily  maintained 
in  all  public  utilities,  and  that,  in  consequence,  the 
public  suffers,  both  directly  in  actual  loss  of  money 
and  in  deprivation  of  almost  indispensable  services, 
and  indirectly  in  arrest  or  disturbance  of  business, 
and  in  the  anxiety  of  mind  which  violations  of 
public  peace  always  cause  to  multitudes  of  persons 
who  have  no  interest  in  the  disputes.  The  recent 
strikes  on  the  Philadelphia  street  railways  and  on 
the  Georgia  railroad  illustrate  the  barbarous  con- 
dition of  American  society  in  these  respects,  and  the 
urgent  need  of  adopting  some  means  of  diminishing 
the  number  of  strikes  and  lockouts  which  arrest  the 

*  Reprinted  by  permission  froin  McClurc's  Magazine, 
[1] 


A  Remedy  For 

operation  of  public  utilities  and  cause  violations  of 
public  order. 

The  chief  feature  of  the  beneficent  Canadian  Act 
called  the  Industrial  Disputes  Investigation  Act  was 
the  requirement  that,  in  the  event  of  a  dispute  aris- 
ing in  any  industr}^  known  as  a  public  utility,  it 
should  be  illegal  to  resort  to  a  strike  or  lockout 
until  the  matters  in  dispute  had  been  made  the  sub- 
ject of  an  investigation  before  a  Board  of  Concilia- 
tion and  Investigation,  to  be  established  under  speci- 
fied rules  by  the  Canadian  Minister  of  Labor. 
Under  this  Act,  either  party  to  a  dispute  may  ap- 
ply for  the  appointment  of  a  Board  of  Investiga- 
tion. Each  of  the  two  parties  to  the  dispute  may 
nominate  one  member  of  the  Board,  and  these  two 
may  select  the  third  who  serves  as  chairman  of  the 
Board  of  three.  If  either  party  fails  to  nominate  a 
member,  the  Minister  of  Labor  appoints  that  mem- 
ber ;  and  if  the  two  members  fail  to  agree  upon  the 
third  member,  the  Minister  appoints  the  third  mem- 
ber. The  Board  will  therefore  inevitably  be  con- 
stituted, and  will  go  to  work,  if  either  party  to  the 
dispute  applies  for  an  investigation.  The  proceed- 
ings of  every  Board  appointed  and  its  final  report 
are  published  throughout  the  Dominion  in  the  most 
complete  manner. 

During  the  two  years  from  March  22,  1907,  to  the 
end  of  March,  1909,  fifty-five  applications  were  re- 
f2] 


Industrial  Warfare 

ceived  for  the  appointment  of  Boards,  under  which 
forty-nine  Boards  were  set  up.  In  the  remaining 
six  cases  the  disputes  were  settled,  either  during  the 
discussions  arising  out  of  the  application,  or  dur- 
ing the  formation  of  the  Board ;  but  these  six  cases 
of  prompt  settlement  are  obviously  due  to  the  in- 
fluence of  the  Act  —  that  is,  to  the  prospect  of 
complete  publicity  with  regard  to  the  causes  of  the 
dispute  and  the  claims  of  the  disputants.  The  fifty- 
five  applications  were  distributed  as  follows : — 
Concerning  mines  and  smelters,  30 ;  concerning 
transportation  or  means  of  communication,  23 ;  con- 
cerning disputes  in  industries  which  were  not  public 
utilities,  2.  In  these  two  cases,  both  parties  to  the 
industrial  dispute  applied  for  an  investigation,  the 
Act  providing  that  its  benefits  may  be  extended  to 
industries  other  than  public  utilities,  if  both  parties, 
instead  of  only  one,  make  application  for  the  estab- 
lishment of  a  Board. 

Ninety-six  per  Cent  of  Strikes  Avoided  or  Ended 

On  the  fifty-five  applications  received,  strikes  were 
avoided  or  ended  in  twenty-five  coal  mines,  and  four 
metalliferous  mines ;  in  fifteen  railroads  and  three 
street  railways ;  in  two  bodies  of  'longshoremen ;  in 
one  body  of  teamsters,  and  in  one  body  of  sailors ; 
and  in  two  industries  not  public  utilities.  Thei-e 
were  two  cases  in  which  strikes  were  not  averted  or 


A  Remedy  For 

ended.  Only  two  cases,  therefore,  out  of  fiftj-five 
ultimately  resulted  in  strikes,  these  two  strikes  being 
in  perfect  accordance  with  the  wise  tenns  of  the 
Act,  which  permit  owners  to  lock  out  their  men  and 
workmen  to  strike  after  the  public  investigation  has 
been  completed  and  its  results  published. 

The  details  of  these  two  exceptional  cases  are 
highly  interesting. 

A  coal  mine  strike  occurred  in  1907  among  the 
employees  of  the  Cumberland  Railway  and  Coal 
Company  at  Spring  Hill,  Nova  Scotia,  concerning 
the  rates  of  payment  for  certain  portions  of  the 
miners'  work  which  did  not  directly  yield  coal,  such 
as  pillar  work.  The  Investigation  Board  appointed 
for  this  case  could  not  agree,  the  majority  report 
being  signed  by  the  chairman  and  the  member  nom- 
inated by  the  employers,  the  minority  report  by  the 
nominee  of  the  employees.  The  recommendations 
of  the  Board  were  not  accepted  by  the  employers. 
The  strike  which  was  threatened  prior  to  the  appli- 
cation for  the  Board  on  May  8th  was  averted  for  the 
time  being,  but  took  place  on  August  1st,  continu- 
ing until  October  31st,  when  the  employees  returned 
to  work  on  the  conditions  recommended  by  the  ma- 
jority of  the  Board. 

The  other  strike  which  was  not  prevented  occurred 
among  the  emplo3'ees  in  the  mechanical  departments 
of  the  Canadian  Pacific  Railway  Company.  Here, 
[4] 


Industrial  Warfare 

again,  the  Board  did  not  present  a  unanimous  re- 
port. The  majority  of  the  Board  made  certain  rec- 
ommendations for  the  settlement  of  the  dispute 
which  were  accepted  by  the  company  with  some  de- 
mur. The  employees  refused  to  accept  the  findings 
of  the  Board,  and  ceased  work  on  August  5th. 
They  returned  to  work  on  October  5th,  accepting 
finally  the  recommendations  of  the  majority  of  the 
Board. 

In  this  case,  the  tribunal  was  made  up,  first,  of 
the  representative  nominated  by  the  employees,  sec- 
ondly, of  a  representative  appointed  by  the  Minis- 
ter of  Labor  with  the  consent  of  the  employers,  and 
thirdly,  of  the  chairman,  who  was  appointed  by  the 
Minister  in  the  absence  of  a  joint  recommendation 
by  the  two  members  first  appointed.  In  the  former 
case,  that  of  the  Cumberland  Railway  and  Coal  Com- 
pany and  its  employees,  both  the  workmen  and  the 
company  were  represented  on  the  tribunal  by  their 
own  nominees ;  but  the  chairman  was  appointed  by 
the  Minister,  because  the  two  members  first  appointed 
could  not  agree  on  a  joint  recommendation. 

Controversies  Involved  Tens  of  Thousands  of  Em- 
ployees 

The  question  naturally  arises  whether  these  Cana- 
dian  disputes   were   on   a   large   scale   or   a   small; 
whether  they  directly  affected  a  large  number  of 
[5] 


A  Remedy  For 

persons  or  only  small  groups ;  and  whether  the  gen- 
eral welfare  of  the  community  was  seriously  threat- 
ened by  any  of  them.  May  it  not  have  happened 
in  Canada  that  these  quarrels  were  insignificant  as 
regards  the  number  of  persons  affected? 

The  official  reports  (see  the  Labor  Gazette,  issued 
monthly  by  the  Department  of  Labor,  Ottawa,  April, 
1909,  pp.  1080-91)  make  it  plain  that  some  of 
these  disputes  were  serious,  affecting  directly  large 
numbers  of  persons  and  indirectly  threatening  the 
common  welfare.  Among  the  strikes  in  mines  may 
be  mentioned  that  on  the  Cumberland  Coal  Company, 
with  seventeen  hundred  men  concerned ;  that  on  the 
Crow's  Nest  Pass  Coal  Company,  in  which  eighteen 
hundred  men  were  involved;  that  on  the  Dominion 
Coal  Company,  January  4,  1908,  with  seven  thou- 
sand men  affected ;  that  on  the  Nova  Scotia  Steel  and 
Coal  Company,  with  seventeen  hundred  and  fifty  men 
affected;  and  that  on  the  Dominion  Coal  Company, 
on  March  4,  1909,  with  three  thousand  men  affected. 
Among  the  disputes  in  transportation  companies,  the 
most  important  were  the  Grand  Trunk  Railway  of 
Canada  and  its  locomotive  engineers,  with  thirteen 
hundred  men  affected ;  the  Canadian  Pacific  Railway 
Company  and  railroad  telegraphers,  with  sixteen 
hundred  and  fifty-six  men  affected ;  the  Canadian  Pa- 
cific Compan}'  and  carmen  employed  on  the  eastern 
lines  of  the  company,  with  twelve  hundred  and  fifteen 
[6] 


Industrial  Warfare 

men  affected ;  the  Canadian  Pacific  Railway  Com- 
pany and  the  men  in  its  mechanical  departments, 
with  eight  thousand  men  affected ;  the  Canadian  Pa- 
cific Railway  Company  and  its  railway  telegraphers, 
with  sixteen  hundred  and  five  men  affected ;  the  Cana- 
dian Pacific  Railway  Company  and  its  firemen  and 
engineers,  with  seven  thousand  men  affected ;  the 
Shipping  Federation  of  Canada  and  the  'longshore- 
men of  Montreal,  w  ith  fifteen  hundred  men  affected. 
These  were  all  serious  disputes  affecting  large  num- 
bers of  persons  and  the  general  welfare. 

The  last  case  mentioned  illustrates  first  a  violation 
of  the  Act  and  then  its  successful  application.  On 
May  13th  the  'longshoremen  went  on  a  strike,  not- 
withstanding the  provisions  of  the  Act.  On  May 
15th  the  Secretary  of  the  Department  of  Labor  went 
to  Montreal  and  explained  the  provisions  of  the  Act 
to  both  parties  to  the  dispute.  As  a  result,  the  em- 
ployees returned  to  work,  agreed  to  refer  the  dis- 
pute to  a  Board  to  be  appointed  under  the  Industrial 
Disputes  Investigation  Act,  and  made  a  formal  ap- 
plication for  the  establishment  of  a  Board.  The  em- 
ploying companies  withdrew  on  May  18th  the  ap- 
plication they  had  made  on  May  15th  for  the  ap- 
pointment of  a  Board.  In  the  end  the  employing 
companies  accepted  the  reconnnendations  of  the 
Board  which  the  'longshoremen  had  asked  for;  but 
the  'Longshoremen's  Union  did  not  formally  accept 
[7] 


A  Remedy  For 

them.  Nevertheless,  the  members  of  the  Union, 
with  the  exception  of  a  few  persons,  signed  individ- 
ual agreements  with  the  employers,  based  on  the  rec- 
ommendations of  the  Board,  which  covered  the  con- 
ditions of  employment  for  the  seasons  of  1907  and 
1908.     No  further  cessation  of  work  took  place. 

As  a  rule,  interruptions  of  work  in  coal  mines  and 
in  industries  which  provide  transportation  and  other 
means  of  communication  are  troublesome  to  the  pub- 
lic, and  occasion  large  losses  both  to  employers  and 
employed.  The  Canadian  industrial  disputes  be- 
tween March  22,  1907,  and  March  31,  1909,  would 
have  illustrated  this  rule,  had  they  not  been  pre- 
vented or  settled  by  the  Industrial  Disputes  Investi- 
gation Act. 

Of  the  fifty-five  applications  for  the  appointment 
of  Boards,  seven  were  made  by  employers,  forty-six 
by  employees,  and  two  by  both  employers  and  em- 
ployees. The  Act  requires  that  every  application 
for  the  appointment  of  a  Board  shall  be  accom- 
panied by  a  statement  of  the  nature,  cause,  or  sub- 
ject of  the  dispute.  In  the  fifty-five  applications 
for  the  appointment  of  Boards,  the  alleged  nature 
of  the  dispute  covers  the  usual  sources  of  industrial 
strife,  such  as  the  employment  of  non-union  men ; 
the  hours  of  labor;  the  terms  of  the  joint  agreement 
concerning  wages ;  the  conditions  of  employment ; 
alleged  discrimination  against  members  of  certain 
[S] 


Industrial  Warfare 

unions ;  alleged  wrongful  dismissals ;  the  reinstate- 
ment of  former  employees ;  and  the  introduction  of 
machinery. 

It  is  obvious  that  the  Canadian  workingmen,  in 
numerous  trades  connected  with  pubhc  utihties,  have 
acquired  confidence  in  the  just  operation  of  the  Act ; 
otherwise  they  would  not  have  uppHed,  in  forty-six 
cases,  for  the  appointment  of  Boards.  Tlie  satis- 
faction of  the  employers  is  not  so  clearly  determined, 
because  the  number  of  applications  for  Boards  on 
the  part  of  employers  has  been  relatively  small. 
Nevertheless,  the  employers  did  not  ultimatel}^  reject 
in  a  single  case  the  advice  of  the  Boards ;  and  they 
must  have  taken  satisfaction  in  the  fact  that  inter- 
ruption of  service  to  the  public  was  prevented  in 
fifty-three  cases  out  of  fifty-five. 

It  is  quite  natural  that  the  employers  should  have 
been  slower  than  the  emplo^'ees  to  accept  cordially 
an  Act  which  relies  on  publicity.  The  sound  prin- 
ciple, that  the  public  has  a  right  to  know  much  about 
any  business  which  is  conducted  on  rights  or  privi- 
leges conferred  by  legislation,  is  not  universally  ac- 
cepted by  proprietors  and  managers  —  not  even  by 
corporations  which  enjoy  the  great  privileges  of  lim- 
ited liability  and  long  viability,  privileges  exclu- 
sively conferred  by  the  public  through  general  or 
special  laws.  Its  stout  assertion  that  the  public 
has  a  right  to  know  about  the  causes  of  industrial 
10] 


A  Remedy  For 

disputes  in  public  utilities,  including  mines,  is  one 
of  the  good  incidental  services  which  the  Act  of 
March  22,  1907,  has  rendered  to  Canada. 

Majority  of  Each  Board  Familiar  with  Business  In- 
volved 

It  is  an  admirable  feature  of  the  Canadian  Act 
that  a  special  Board  of  three  members  has  to  be  ap- 
pointed for  each  separate  dispute.  Every  corpo- 
ration or  body  of  employees  can  count  on  obtaining 
a  Board  of  Investigation,  two  members  of  which,  at 
least,  will  be  well  informed  about  the  particular  busi- 
ness in  which  the  dispute  has  occurred.  As  soon  as 
a  Board  has  made  its  report,  it  disappears,  and  will 
probably  never  reappear. 

It  is  another  very  important  feature  of  this  ad- 
mirable Act  that  there  is  no  arbitration  in  it  what- 
ever, and  no  standing  Board  of  Arbitration,  which 
must  be  employed  in  all  sorts  of  industries.  Neither 
party  promises  to  abide  by  the  decision  of  the  Board, 
or  to  adopt  its  recommendations.  It  has  long  been 
known  that  arbitration  is  not  a  means  of  preventing 
industrial  strife,  and  is,  to  say  the  least,  a  very  im- 
perfect means  of  adjusting  a  strife  already  declared 
and  in  effect.  The  Act  absolutely  abandons  arbi- 
tration, and  relies  exclusively  on  discussion,  concili- 
ation, publicity,  and  public  opinion. 

Under  the  operation  of  this  Act,  both  employers 
[10] 


Industrial  Warfare 

and  employed  are  prevented  from  striking  a  sudden 
blow,  either  against  the  other.  Employers  cannot 
lock  out  their  men  without  notice,  and  a  strike  can- 
not be  suddenly  declared.  Although  perfect  liberty 
to  strike  or  lock  out  ultimately  is  reserved  under  the 
Canadian  Act,  several  weeks  must  elapse  from  the 
time  the  dispute  began  before  work  can  be  stopped. 
How  long  this  time  may  be  is  a  matter  of  impor- 
tance ;  for  both  parties  to  an  industrial  dispute  may 
reasonably  object  to  a  long  delay  of  decisive  action. 
The  date  at  which  each  Board  was  constituted  and 
the  date  of  the  receipt  of  that  Board's  report  are 
both  given  in  the  official  Labor  Gazette  with  regard 
to  every  industrial  dispute  which  has  occurred  in 
Canada  in  the  two  years  between  March  22,  1907, 
and  March  31,  1909.  The  interval  between  the  two 
dates  has  been  ordinarily  between  one  month  and 
twO'  months,  although  in  twenty-one  cases  it  was  less 
than  one  month.  Some  days  must  elapse,  in  most 
cases,  between  the  sending  in  of  an  application  for  a 
Board  and  the  bringing  of  the  Board  together  — 
particularly  when  the  dispute  has  occurred  in  some 
remote  part  of  the  Dominion.  During  this  interval 
of  from  one  to  two  months  there  is  time  for  passions 
to  cool,  and  for  the  costs  of  war  to  be  counted  by 
both  parties.  The  interests  of  the  public  may  also 
get  some  sort  of  effective  expression  during  this  in- 
terval; and  when  the  report  of  the  Board  is  thor- 
[11] 


A  Remedy  For 

oughly  published,  in  accordance  with  the  provisions 
of  the  Act,  pubhc  opinion,  being  well  informed,  usu- 
ally expresses  itself  with  clearness  and  force.  In- 
deed, the  Act  relies  solely  on  the  ultimate  reasonable- 
ness of  the  parties  to  the  dispute  when  the  facts  on 
both  sides  are  publicly  stated  and  discussed,  and  on 
the  fairness  and  sound  judgment  of  that  long-suffer- 
ing and  patient  public  which  ultimately  pays  for  the 
greater  part  of  the  cost  of  industrial  warfare. 

American  States  Could  Adopt  a  Similar  Act 

It  is  obvious,  from  these  two  years  of  experience 
with  the  Canadian  Industrial  Disputes  Investigation 
Act,  that  it  is  the  best  piece  of  legislation  in  the 
world  for  the  prevention  and  settlement  of  lockouts 
and  strikes  in  an  important  class  of  industries,  which, 
in  the  interest  of  the  nation  as  a  whole,  ought  never 
to  be  interrupted.  It  is  simple,  prompt,  and  just, 
and  therefore  effective. 

Canada  has  this  great  advantage  over  the  United 
States  in  regard  to  industrial  disputes,  that  the  cen- 
tral government  can  constitutionally  take  cogni- 
zance of  industrial  disputes ;  whereas  in  the  United 
States  the  power  of  intervention  in  such  quarrels  re- 
sides with  the  States.  The  Canadian  Minister  of 
Labor  can  interfere  equally  well  in  a  lockout  or 
strike  the  effects  of  which  are  confined  to  one  prov- 
[12] 


Industrial  Warfare 

ince,  and  in  a  strike  on  a  continental  railroad,  or  a 
telegraphers'  strike  which  involves  the  whole  Do- 
minion and  indefinite  regions  beyond. 

The  several  States  of  the  American  Union  could, 
however,  exercise  through  some  single  official  —  La- 
bor Commissioner  or  Governor  —  the  powers  which 
are  exercised  by  the  Minister  of  Labor  in  the  Domin- 
ion of  Canada,  and  could  appoint  the  Boards  ap- 
plied for  in  local  disputes.  If  an  industrial  dispute 
extended  beyond  the  limits  of  a  single  State,  some 
combination  of  State  officials  could  probably  be  con- 
trived to  make  the  appointments  for  the  Boards 
needed  in  such  cases.  The  prompt  appointment  of 
Boards  would  be  facilitated  if  the  provision  of  the 
Canadian  Act  were  copied  whereb}'  the  normal  mode 
of  securing  a  Board  is  for  each  party  to  nominate 
one  member  to  the  Minister  of  Labor,  and  these  two 
members  to  select  a  third. 

One  very  formidable  feature  of  lockouts  and 
strikes  in  industries  concerned  with  public  utilities, 
or  in  monopolistic  industries  which  deal  witli  neces- 
saries of  life,  is  the  secrecy  with  which  preparations 
are  made  on  both  sides  for  a  war  to  be  suddenly  de- 
clared. The  Canadian  Act  does  not  prevent  secret 
preparations  on  both  sides ;  but  it  does  prevent  — 
not  only  by  its  theory  or  promise,  but  in  its  practical 
application  for  two  years  —  the  sudden  declaration 
[13] 


A  Remedy  For 

of  secretly  prepared  hostilities.  This  is  an  enor- 
mous gain  for  the  community  as  a  whole,  both  ma- 
terially and  morally. 

Some  of  the  Canadian  unions  connected  with  rail- 
roads have  suggested  one  or  two  amendments  to  the 
Act,  which  are  under  consideration  at  the  present 
time ;  but  these  amendments  relate  to  some  of  the  ex- 
isting requirements  concerning  procedure,  and  do 
not  affect  the  Act  in  any  material  respect.  The  na- 
ture of  the  amendments  suggested  indicates  pretty 
clearly  that  the  unions  have  become  entirely  recon- 
ciled to  the  principle  of  compulsor}^  investigation 
before  resort  is  had  to  lockouts  or  strikes.  More- 
over, the  Trades  and  Labor  Congress  of  the  Do- 
minion have  officiall}'  indorsed  the  Act  at  each  of  the 
sessions  of  the  Congress  held  subsequent  to  its  enact- 
ment. 

An  Incentive  to  Conservatism  in  Labor  Leaders 

The  respect  for  the  law  shown  by  the  working- 
men  and  the  labor  organizations  has  been  such  that 
the  government  has  had  no  occasion  to  consider 
the  question  of  enforcing  penalties  against  striking 
before  public  investigation.  The  possibility  or  im- 
possibility of  enforcing  such  penalties  has,  there- 
fore, not  come  up  for  serious  consideration.  The 
Dominion  government  has  wisely  pursued  the  pohcy 
of  non-interference;  because  the  law  against  strik- 
[li] 


Industrial  Warfare 

ing  or  locking  out  before  public  investigation  has 
been  made  can  be  set  in  motion  by  any  private  per- 
son or  corporation,  and  it  may  be  presumed  that  any 
parties  injured  through  violations  of  the  law  will 
take  advantage  of  the  machinery  which  the  law  it- 
self has  provided  for  their  protection.  If  the  in- 
jury is  not  sufficient  to  induce  the  injured  parties 
to  set  the  machinery  of  the  law  in  motion,  it  is  ques- 
tionable whether  the  government  ought  to  take  upon 
itself  that  task. 

The  policy  of  non-interference  on  the  part  of  the 
government  has  also  another  advantage.  If  individ- 
ual labor  leaders  bring  men  out  on  strike  without 
securing  for  them  in  the  first  instance  the  advantages 
to  their  case  that  would  probably  accrue  from  pub- 
lic inquiry  before  an  impartial  tribunal  on  which  the 
workmen  are  represented,  the  final  issue  of  the  dis- 
pute will  probably  discredit  such  leaders,  and  demon- 
strate the  unwisdom  of  that  method  of  proceeding; 
and  this  result  would  be  highly  educative  to  the 
unions  concerned.  In  strikes  which  concern  large 
masses  of  men,  it  is  wiser  for  any  government  to  try 
to  educate  and  convince  the  masses  through  public 
discussion  than  to  drive  them  —  particular!}'  when 
the  driving  process  has  to  be  applied  to  a  compara- 
tively small  number  of  individuals.  The  Act  of 
March  22,  1907,  has  proved  to  be  an  excellent  means 
of  public  instruction, 

[15] 


Industrial  ^Varfa^e 

Results  in  the  Dominion 

To  the  question  wliethcr  the  Industrial  Disputes 
Investigation  Act  has  been  effective,  the  clear  an- 
swer is  that  since  its  enactment  in  March,  1907,  the 
Dominion  has  known  no  cessation  in  the  continuous 
operation  of  any  of  its  great  agencies  of  communi- 
cation —  steam  railways,  electric  railways,  telegraph 
and  telephone  lines,  or  other  public  utilities  of  the 
kind  —  and  the  national  industries  and  the  public 
have  not  suffered  any  inconveniences  other  than  a 
few  of  a  purely  temporary  and  local  nature  through 
the  cessation  of  some  mining  operations.  This  re- 
markable record  may  not  be  continuously  main- 
tained; but  it  seems  quite  possible  that  never  again 
will  the  interests  of  the  Canadian  public  be  in- 
jured through  the  threatening,  or  actual  outbreak, 
of  sudden  and  extensive  industrial  conflicts,  such  as 
frequently  occurred  in  Canada  prior  to  the  enact- 
ment of  the  law,  and  still  occur,  with  enormous  and 
wide-spread  damage,  in  the  United  States. 


'  _     — -""^  library 

jMlifute  of  Industrial  Relatla-. 

ii.„  *°^  Angeles  S4.  feli£«,„^ 
[16] 


SOCIAL   SERVICE    BULLETIN 

(For  the  firU  eleven  titles  in  this  series  see  inside 
front  caver  0}  this  BtUletin.) 

No.  12.     The  Democracy  of  the  Kingdom.     By 
Rt.  Rev.  Charles  D.  Waiiams,  D.D. 
The  church  must  stand  for  men  simply  as  men. 
No.  13.     Bad  Housing  and  What  it  Mean*  to 
the  Community.     By  Albion  Fellows  Bacon. 
The  eSect  oi  slum  lite  on  physical  and  moral  health. 
No.  14.       City      Building     in     Germany.      By 
Frederic  C.  Howe. 
Art,  foresight,  and  common-sense  in  city  development. 
No.  15.     Religious  Work   and   Opportunity  in 
Country  Towns. 
The  Report  of  a  Committee  of  Investigation. 
No.   16.     Comprehensive   Planning    for    Small 
Towns  and  Villages.     By  John  Nolen. 
How  to  prevent  mistakes  in  the  growth  of  towns. 
No.  17.     The   Inter-relation    of    Social   Move- 
ments.    By  Mary  £.  fUchmond. 
Shows  how  different  social  movements  are  connected. 
No.  18.     Vocational      Guidance.         By    Meyer 
Bloomfield. 
An  effort  to  fit  youth  for  their  life  work. 
No.   19.    The  Improvement  of  the  Rural  School. 
By  Harlan  Updegratf. 
The  benefit  to  country  life  of  the  socialized  school. 
No.  20.     Knowing  One's  Own  Community.     By 
Carol  Aronovici. 
Suggestions  for  social  surveys  of  small  cities  and  towns. 
No.  21.     Social  Service  for  Young  People  in  the 
Church  School.     By  Clara  Bancroft  Beatley. 
The  social  interest  of  young  people  developed  by  service. 
No.  22.      The  Church  at   Work.      By  Elmer  S. 
Forbes. 
Discusses  parish  organization  for  social  work. 
No.  23.     Social  and  Civic  Centers.     By  Eldward 
J.Ward. 
Concerned  with  the  larger  use  of  public  school  buildings 
No.  24.     A  Rural  Experiment.    By  Ernest  Bradley. 
A  study  of  the  recreation  of  a  country  community. 

(For  the  remaining  titles  in  this  series  see  outside 
back  cover  oj  this  Bulletin.) 

Order  by  number  only,  not  by  title. 


AMERICAN     UNITARIAN     ASSOCIATION 
25  Beacon  Street,  Boston. 


SOCIAL   SERVICE    BULLETIN 

(For  the  first  twentv-Jottr  titles  in  this  eeries  set  inside 
front  and  back  covers  of  this  BvUctin.) 

No.  25.     A  Practical  Platform  for  Social  Pro- 
gress.     By  Charles  F.  Dole. 
Suggests  ways  in  which  social  ideals  can  be  realized. 
No.  26.     The  Rural  Problem  and  the  Country 
Minister.     By  Joseph  Woodbury  Stiout. 
A  diagnosis  of  the  backwardness  o(  the  country. 
No.  27.     Prisoners'  Work.     By  E.  Stagg  Whitin. 
Ph.  p. 
Aimed  against  the  exploitation  of  the  convict. 
No.  28.     Conservation    of   National   Resources. 

Calls  a  halt  upon  national  extravagance  and  waste. 
No.  29.     Both  Sides  of  the  Servant  Question. 
By  Annie  Winsor  Allen. 
The  way  out  of  a  difficult  social  problem. 
No.  30.     The  Control  of  Tuberculosis.    By  Mark 
W.  Richardson,  M.D. 
Shows  how  tuberculosis  can  be  exterminated. 
No.   31.      Copartnership  in  Housing.      By  Rev. 
Paul  Revere  Frothi..t>'iam. 
An  English  method  of  solving  the  housing  problem. 
No.  32.    The  Church  and  New  Americans.     By 
George  W.  Tupper,  Ph.  D. 
Considers  the  duty  of  Protestant  churches  to  immigrants. 
No.  33.     Problems  and  Opportunities  of  Country 
Life.     By  Margaret  B.  Barnard. 
The  report  of  a  social  survey  in  rural  New  England. 
No.  34.     The   Church  and  the  City.     By  Paul 
Moore  Strayer. 
The  task  of  the  church  is  to  make  every  city  a  city  of  God. 
No.  35.     Religion  and  the  World's  Peace.     By 
Howard  N.  Brown. 
Considers  the  influence  of  fear  in  provoking  war. 


Xlis^'itute  of  Indur,tr 

\    University  of  Ca 

lioa  Angelea  £4,   C 

Order  by  number  only,  not  by  title. 

AMERICAN     UNITARIAN      ASSOCIATION 
25  Beacon  Street,  Boston. 


The  American  Unitarian  Association  also  publishes  for  free  distribution 
many  tracts  and  pamphlets  setting  forth  the  liberal  interpretations  of 
religion,  a  full  descripnve.Cf)talo|.oLvduc|^may  be  had  upon  application. 

mttVERSITY  OF  CALIFORSDa 
LOa  AJiGJELM. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


-ms    MB 


Form  L9-Serie8  444 


T    "■■■fl. 


